Porn case film puts juror to sleep; Judge declares a second mistrial

Cincinnati Post ^ | 7.23.03 | Kimball Perry

[mhking]

http://www.cincypost.com/2003/07/23/ohporn072303.html?&

[mhking]

HMB/Bizarre PING....

If you want on or off this list, FReepmail me!

FYI: This has fast outgrown it's original "charter" and become a home for the truly bizarre. An alternative saying/phrasiology is being sought (and suggestions are very welcome!). Also, like it's "cousin list" the B/C list, it has become a high-volume list.

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I'm leaning toward "Just damn," on the suggestion of quite a few folks. I won't make a decision until Sunday. (And thanks to all of you for sending your suggestions!)

[dpa5923]

The videotape -- which shows the use of a gynecological tool known as a speculum to "stretch orifices to the extreme," Guy testified Tuesday -- was deemed obscene

OMG, that is just plain sick.

[jwalsh07]

Ah, what the hell, it's only taxpayer money. There's plenty more where this came from.

Why didn't the stupid judge just admonish the sleeper, replace the shy jurist with the alternate and replay the stupid garbage?

[AntiGuv]

That's what I wondered..

[LeftyStomper]

Richard Gere and gerbils?

[.cnI redruM]

amatuers!

[SouthernFreebird]

....suggesting that Guy didn't know what the average citizen deemed obscene,

Well this average citizen doesn't need to watch that film to know it is obscene... not to mention very painful. What the h*ll is wrong with people.

[ChemistCat]

I don't think I could serve on such a jury at all. If they made me put something like that in my head, it seems to me that they'd better have some way of getting it back out so I could go back to normal, or they'd have done some permanent damage to me. Gak. I think making someone innocent watch something like that against their will is horrible. I wonder if the people on the Westerfield jury had to watch the child-rape-and-torture videos Westerfield had on his computer? :shudder:

[Treebeard]

So, one could say "Porn Trial Ends in Hung Jury"?

[SouthernFreebird]

For real, I don't think I'd ever go back for a pap smear after seeing that film! I'd be scarred for life.

[SouthernFreebird]

So, one could say "Porn Trial Ends in Hung Jury"?

Now thats stretching it a bit donch think....ewwwww

[SouthernFreebird]

That should be doncha think....... we need an edit button!

[rockfish59]

Must've been some Fugly 'actresses!'

[Mason]

Kimball Perry is a great reporter. His stuff is consistently worth reading, even the routine ones that don't involve spatulas. Or sputum or whatever that thing is called . . . just keep it away from me.

[wafflehouse]

hey, would you add me to the freakshow ping list too?

[Ruth A.]

...at least two others who averted their eyes when the video was played...

That seems to indicate that they considered it porn. I cannot believe that a citizen doing his or her duty can be expected to watch filth in the name of justice. The judge is missing the whole point.

[Houmatt]

Well, I have to say I have no idea why there have been two mistrials so far. Maybe the third time will be the charm. But there is more to this story (more specifically, the film) than what has been revealed.

For one thing, the title is in error. It is actually called, Max Hardcore Extreme, Vol. 7. It is a 1999 film directed by and starring a man using the obvious stage name of Max Hardcore. What has been mentioned as to what the film contains I am sure is accurate, as I know for a fact this is the modus operandi of Hardcore.

Doing some research, I found out just exactly why the Hamilton County Sheriff would find it obscene, and it goes beyond what has been described here.

I think people should know exactly what is in there so they can become more informed and have a better understanding of what is at stake. But for obvious reasons, those who wish to know will have to Freepmail me.

Either way, it goes without saying a conviction is in order.

[bourbon]

The law of obscenity is basically a dead-letter at this point in time in US history. I think there were less than 20 obscenity prosecutions brought in the whole country last year. The "community standards" test from Miller v. California, which is the essential point of reference in obscenity trials, has proven to be completely unworkable in most courtrooms across the country.

In fact, there is an opinion from the 2nd Cir. which states that "community standards" basically has no meaning any more, at least for a 'cosmopolitan, let-it-all-hang-out' place like NYC. That's a sad commentary on current American culture, but as a legal matter it's probably dead-on accurate.